NSW Caselaw
New South Wales Supreme Court
CITATION : Comet Building Services Pty Ltd v Hy Tec Industries Pty Ltd [2008] NSWSC 11
HEARING DATE(S) : 16 January 2008
JUDGMENT DATE : 16 January 2008
JURISDICTION : Common Law
JUDGMENT OF : Campbell JA
EX TEMPORE JUDGMENT DATE : 16 January 2008
DECISION : Notice of motion dismissed. Applicants to pay costs of respondent of motion.
CATCHWORDS : PRACTICE AND PROCEDURE - application for stay of judgment pending appeal - whether refusal of adjournment amounted to denial of natural justice - whether Magistrate's reasons insufficient - whether Magistrate failed to consider whether prejudice to plaintiff could be remedied by costs order and new procedural directions - whether allegation that Magistrate compelled withdrawal of cross-claim goes to correctness of judgment given - whether new legal issues may be raised on appeal
LEGISLATION CITED : Local Courts Act 1982
CASES CITED : Coulton v Holcombe (1986) 162 CLR 1 House v R (1936) 55 CLR 499
Comet Building Services Pty Ltd - First Plaintiff PARTIES : Susan Issa - Second Plaintiff Antoine Issa - Third Plaintiff Hy Tec Industries Pty Ltd - Defendant
FILE NUMBER(S) : SC 15663/07
COUNSEL : M Rollinson - Plaintiffs M Hodges, solicitor - Defendant
SOLICITORS : Barrak Lawyers - Plaintiffs Mark Hodges - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DUTY JUDGE LIST
CAMPBELL JA
WEDNESDAY 16 JANUARY 2008
15663/07 COMET BUILDING SERVICES PTY LTD & ORS v HY TEC INDUSTRIES PTY LTD
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